Summary
A 54-year-old government contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The applicant admitted to using methamphetamine from April 2004 to November 2005, and again from December 2010 to January 2011, while holding a security clearance. This included illegal drug possession and use after being granted a clearance.
Further concerns arose from two drug-related arrests. In November 1984, the applicant was charged with Possession of a Controlled Substance for Sale/Methamphetamine and Possession of a Controlled Substance/Methamphetamine. In November 2005, he was arrested again and charged with Felony Possession of a Controlled Substance and Misdemeanor Under the Influence of a Controlled Substance, pleading no contest to the misdemeanor with the felony dismissed. The applicant's illegal conduct recurred in 2010-2011 despite his 2005 arrest and rehabilitation efforts.
The denial was primarily based on the applicant's admitted methamphetamine use while cleared, his two drug-related arrests, and his failure to disclose the 1984 arrest on two security questionnaires. Despite some rehabilitation efforts, the judge found that the applicant did not sufficiently mitigate the concerns related to his drug use and criminal history, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant admitted to using methamphetamine while holding a security clearance.
- The applicant had two drug-related arrests, one in 1984 and another in 2005, which raised concerns about his reliability and trustworthiness.
- The applicant failed to disclose his 1984 arrest on two e-QIPs, demonstrating a lack of candor and poor judgment.
Conditions Referenced
- H.25.araisedDrug Abuse
- H.25.craisedIllegal Drug Possession
- H.25.graisedIllegal Use After Clearance Granted
- J.31.araisedMultiple Offenses
- E.16.araisedDeliberate Omission
- H.26.arejectedBehavior Happened Long AgoThe applicant's drug use occurred while holding a security clearance and was not infrequent.
- H.26.brejectedDemonstrated Intent Not to Abuse DrugsThe applicant's relapse in drug use undermined his claims of intent to abstain.
- H.26.drejectedCompletion of Drug Treatment ProgramWhile the applicant completed treatment, the judge found insufficient evidence of a favorable prognosis.
- J.32.arejectedTime Elapsed Since Criminal BehaviorThe applicant's criminal behavior recurred after rehabilitation.
- E.17.arejectedPrompt Good-faith Efforts to Correct OmissionThe applicant did not demonstrate prompt efforts to correct his omissions.
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedJun 5, 2013
- Answer filedJun 28, 2013
- Hearing heldSep 23, 2013
- Decision dateOct 30, 2013
Cite For
- Failure to Mitigate Drug Involvement Concerns Under Guideline H
- Lack of Candor in Security Clearance Applications Under Guideline E
- Recurrence of Criminal Conduct Affecting Security Clearance Eligibility Under Guideline J